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Court rules in favor of state in taking of property for I-69

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For the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in southwestern Indiana for construction of Interstate-69.

William and Janice Boyd challenged the state’s eminent domain proceedings taking portions of real estate in Greene County owned by the Boyds. The Boyds objected, claiming the state violated various federal laws, the state’s offer to purchase was deficient, and the state sought to acquire more property than necessary.

The trial court struck the objections, condemned the property and appointed appraisers to determine the amount of just compensation to the Boyds.

In an eight-page decision authored by Senior Judge Randall Shepard in William A. Boyd and Janice Ann Boyd v. State of Indiana, 28A01-1203-PL-108, the judges quickly dismissed the Boyds’ objections. The couple argued that the interstate construction doesn’t comply with federal environmental statutes, but that challenge is to the legality of the project, not the legality of the taking. Property owners in Greene County recently made a similar objection in their appeal of the taking of their land for the interstate, and another appellate panel ruled just as the instant court has.

The judges ruled that the Boyds’ claim pertaining to the purchase offer being deficient is settled by Burd Mgmt. LLC v. State, 831 N.E.2d 104, 109 (Ind. 2005). While the Indiana Department of Transportation is required to make an offer, it is not required to prove that it did so, as the Boyds’ argued, Shepard wrote.

The COA also ruled that the Boyds’ claim that the state does not need the amount of land condemned for the I-69 project is not a proper subject for judicial review.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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